Case: 303 Creative LLC v. Elenis

1:16-cv-02372 | U.S. District Court for the District of Colorado

Filed Date: Sept. 20, 2016

Case Ongoing

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Case Summary

On September 20, 2016, the owner of 303 Creative, LLC—a company that specializes in graphic and web design—filed this suit in the U.S. District Court for the District of Colorado against the Colorado Attorney General, the director of the Colorado Civil Rights Division, and members of the Colorado Civil Rights Commission. The plaintiff argued that her Christian beliefs prevented her from designing wedding websites that promote same-sex couples, which would violate two provisions of the Colorado Anti-Discrimination Act (see C.R.S. § 24-34-601(2)(a)). The first provision the plaintiff challenged prohibited discrimination on various bases, including on the basis of sexual orientation, when providing goods and services (“the Accommodations Clause”). The plaintiff also intended to post a statement on her website regarding this policy, which would appear to violate the provision of the statute that prohibited publication of communication that goods or services would be denied to patrons on the basis of, inter alia, sexual orientation (“the Communications Clause”). The plaintiff argued that these provisions violated her First Amendment free speech, free press, and free exercise rights as well as her Fourteenth Amendment equal protection and due process rights. As such, she sought declaratory and injunctive relief. This case was assigned to U.S. District Judge Marcia S. Krieger.

That same day, the plaintiff filed a motion for preliminary injunction to prohibit the defendants from enforcing the Accommodations Clause in a manner that would require the plaintiff to design, create, or publish wedding websites promoting same-sex couples if she did the same for heterosexual couples. The motion also sought to prohibit the defendants from enforcing the Communications Clause in a manner that would prohibit the plaintiff from posting the statement on her website explaining her religious reasoning for declining to create such websites.

Both parties subsequently filed dispositive motions. On October 19, 2016, the defendants moved to dismiss. On February 1, 2017, the plaintiff filed a motion for summary judgment. On September 1, 2017, the district court issued an order resolving these two motions as well as the plaintiff’s motion for a preliminary injunction. The court granted in part and denied in part the defendants’ motion to dismiss. The court permitted the plaintiff’s claim regarding the Communications Clause to proceed but found that the plaintiff lacked standing to sue about the Accommodations Clause because she had not suffered injury-in-fact. In that same order, the district court denied the plaintiff’s motions for preliminary injunction and summary judgment. As to the preliminary injunction, the district court reasoned that the case was substantially similar to one that had been argued before the U.S. Supreme Court, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018), and thus an adjudication of the merits would be inappropriate. 2017 WL 4331065. Later that month, the plaintiff appealed the district court’s judgment to the U.S. Court of Appeals for the Tenth Circuit.

On June 4, 2018, the Supreme Court held that the Colorado Civil Rights Commission in Masterpiece Cakeshop had violated the First Amendment but on the narrow grounds that the Commission had not acted with facial neutrality.

Regarding the district court’s initial order partly dismissing the case, the U.S. Court of Appeals for the Tenth Circuit dismissed the appeal for lack of jurisdiction on August 14, 2018. According to the court of appeals, the district court’s denial of the plaintiff’s motion for preliminary injunction was a stay rather than a final judgment and thus was not appealable. Given that the stay had since expired, the court of appeals deemed the appeal moot. The court of appeals further noted that the district court “effectively vacated” its order upon the Supreme Court’s decision in Masterpiece Cakeshop, and that the district court was now ready to consider the plaintiff’s motion for a preliminary injunction. 746 F. App’x 709.

On May 17, 2019, the district court once again denied the plaintiff’s motions for preliminary injunction and summary judgment but invited the plaintiff to submit further briefing and evidence. 385 F.Supp.3d 1147. On September 26, 2019, the district court considered the additional filings and found that the defendants were entitled to summary judgment on all of the plaintiff’s claims. 405 F. Supp. 3d 907. In total, the court found that the Communications Clause, which was the only provision that the plaintiff had standing to challenge, did not effect a violation of either the First or Fourteenth Amendments. The court in its second order concluded that hostility evinced by the Colorado Civil Rights Commission did not matter for a pre-enforcement challenge to the statute.

The plaintiff appealed to the U.S. Court of Appeals for the Tenth Circuit, and on July 26, 2021, the appellate court affirmed the district court’s ruling. 6 F.4th 1160. The Tenth Circuit differed in that it determined that the plaintiff did have standing to make a pre-enforcement challenge to the Accommodations Clause; however, the divided Tenth Circuit panel otherwise agreed with the district court.

Two months later, the plaintiff filed a writ of certiorari with the U.S. Supreme Court. On February 22, 2022, the U.S. Supreme Court granted certiorari and limited the case to the question of whether “applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.” Oral arguments were held on December 5, 2022.

On June 30, 2023, in a 6-3 opinion delivered by Justice Gorsuch, the U.S. Supreme Court held that the First Amendment prohibits state law from forcing a business that offers “expressive” services to the public to make a product speaking messages with which the business disagrees. The majority limited its ruling only to “expressive” services like website design. Justice Gorsuch acknowledged that “determining what qualifies as expressive activity protected by the First Amendment can sometimes raise difficult questions,” but did not attempt to further clarify what it means for a service to be “expressive.” Justice Sotomayor wrote for the dissenters, criticizing the majority opinion: “[T]he court before today has never held an act of discrimination against a protected class to be deserving of First Amendment protections.” 600 U.S. 570.

Back in the district court, the case was randomly reassigned to Judge Charlotte N. Sweeney on August 18, 2023. Parties continue to negotiate attorneys’ fees, and as of October 31, 2023, this case is ongoing.

Summary Authors

Saba Khan (12/25/2022)

Sarah Portwood (10/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4497079/parties/303-creative-llc-v-elenis/

Judge(s)

Brimmer, Philip A. (Colorado)

Attorney for Plaintiff

Anderson, Katherine Leone (Colorado)

Bursch, John J. (Colorado)

Attorney for Defendant

Expert/Monitor/Master/Other

Arrington, Barry K. (Colorado)

Bonitatibus, Marie (Colorado)

Judge(s)

Brimmer, Philip A. (Colorado)

Krieger, Marcia S. (Colorado)

Attorney for Plaintiff

Anderson, Katherine Leone (Colorado)

Bursch, John J. (Colorado)

Cortman, David Andrew (Colorado)

Francisco, Michael Lee (Colorado)

Gray, Rory Thomas (Colorado)

Green, Samuel D. (Colorado)

Neihart, Bryan David (Colorado)

Rouleau, Rachel A. (Colorado)

Scruggs, Jonathan Andrew (Colorado)

Tedesco, Jeremy David (Colorado)

Waggoner, Kristen (Colorado)

Attorney for Defendant

Grove, Matthew David (Colorado)

Kyles, Alison Faryl (Colorado)

Maxfield, Eric H. (Colorado)

Morrill, LeeAnn (Colorado)

Morscher, Vincent Edward (Colorado)

Olson, Eric (Colorado)

Patten, Jack Davy (Colorado)

Roper, Glenn (Colorado)

Seiber, Billy Lee (Colorado)

Spear, Skippere Stewart (Colorado)

Sullivan, Grant T. (Colorado)

Vos, Leanne B. (Colorado)

Williams, Andrew Michael (Colorado)

Other

Arrington, Barry K. (Colorado)

Bonitatibus, Marie (Colorado)

Butler, Wesley R. (Colorado)

Casarrubias-Gonzalez, David Carrillo (Colorado)

Caso, Anthony T. (Colorado)

Cushing, Matthew (Colorado)

Eastman, John C. (Colorado)

Eidsmoe, John Allen (Colorado)

Esq., Mari Newman, (Colorado)

Gaylord, Scott W. (Colorado)

Gold, Eric M. (Colorado)

Goodwin, Scott D. (Colorado)

Greenbaum, Jon M. (Colorado)

Grubel, Patrick (Colorado)

Hofmann, Adam W. (Colorado)

Hogarth, Sarah (Colorado)

Iaccarino, Holly (Colorado)

Kaley, Lindsey (Colorado)

Katskee, Richard Brian (Colorado)

Kellum, Nathan W. (Colorado)

Konnoth, Craig (Colorado)

Mar, Ria Tabacco (Colorado)

Neel, Sara R. (Colorado)

Petrick, Josephine Kendra (Colorado)

Pizer, Jennifer C. (Colorado)

Sawyer, Kate B. (Colorado)

Schaerr, Gene C. (Colorado)

Shapiro, Ilya (Colorado)

Sidebotham, Theresa Lynn (Colorado)

Silverstein, Mark (Colorado)

Stanek, Michael (Colorado)

Taylor, Camilla B. (Colorado)

Townsend, Ethan H. (Colorado)

Upton, Kenneth D. (Colorado)

VerGow, Meaghan McLaine (Colorado)

Volokh, Eugene (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:16-cv-02372	Verified Complaint for Declaratory and Injunctive Relief	Sept. 20, 2016	Sept. 20, 2016 Complaint
52 1:16-cv-02372	Order Granting in Part and Denying in Part Motion to Dismiss and Denying Motion for Preliminary Injunction and Motion for Summary Judgment, With Leave to Renew	Sept. 1, 2017	Sept. 1, 2017 Order/Opinion 2017 WL 4331065
17-01344	Order and Judgment Creative LLC v. Elenis U.S. Court of Appeals for the Tenth Circuit	Aug. 14, 2018	Aug. 14, 2018 Order/Opinion 746 Fed.Appx. 709
72 1:16-cv-02372	Opinion and Order Denying Motion for Preliminary Injunction and Motion for Summary Judgment	May 17, 2019	May 17, 2019 Order/Opinion 385 F.Supp.3d 1147
19-01413	Appeal from the United States District Court for the District of Colorado U.S. Court of Appeals for the Tenth Circuit	July 26, 2021	July 26, 2021 Order/Opinion 6 F.4th 1160
22-00476	Opinion Supreme Court of the United States	Feb. 22, 2022	Feb. 22, 2022 Order/Opinion 142 S.Ct. 1106
22-00476	Opinion of the Court Supreme Court of the United States	June 30, 2023	June 30, 2023 Order/Opinion 600 U.S. 570

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
303 Creative v. Elenis Alliance Defending Freedom	Lorie Smith is an artist who runs her own design studio, 303 Creative. She specializes in graphic and website design and loves to visually convey messages in every site she creates. Lorie left the co…	Dec. 16, 2022	Dec. 16, 2022 https://adflegal.org/...
Oral Argument - Audio	Audio recording of the oral argument before the U.S. Supreme Court.	Dec. 5, 2022	Dec. 5, 2022 https://www.supremecourt.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4497079/303-creative-llc-v-elenis/

Last updated April 15, 2026, 5:15 a.m.

ECF Number	Date	Description	Link
1	Sept. 20, 2016	COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400,Receipt Number 1082-5162084)Attorney Jeremy David Tedesco added to party 303 Creative LLC(pty:pla), Attorney Jeremy David Tedesco added to party Lorie Smith(pty:pla), filed by Lorie Smith, 303 Creative LLC. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Summons of Aubrey Elenis, # 4 Summons of Anthony Aragon, # 5 Summons of Ulysses J. Chaney, # 6 Summons of Miguel Rene Elias, # 7 Summons of Carol Fabrizio, # 8 Summons of Heidi Hess, # 9 Summons of Rita Lewis, # 10 Summons of Jessica Pocock, # 11 Summons of Cynthia Coffman, # 12 Civil Cover Sheet)(Tedesco, Jeremy) (Entered: 09/20/2016) 1 Exhibit A to Complaint View on RECAP 2 Exhibit B to Complaint View on RECAP 3 Summons of Aubrey Elenis View on PACER 4 Summons of Anthony Aragon View on PACER 5 Summons of Ulysses J. Chaney View on PACER 6 Summons of Miguel Rene Elias View on PACER 7 Summons of Carol Fabrizio View on PACER 8 Summons of Heidi Hess View on PACER 9 Summons of Rita Lewis View on PACER 10 Summons of Jessica Pocock View on PACER 11 Summons of Cynthia Coffman View on PACER 12 Civil Cover Sheet View on PACER	Clearinghouse
2	Sept. 20, 2016	Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, ) (Entered: 09/20/2016)	RECAP
3	Sept. 20, 2016	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Magistrate Judge Consent Form) (dbera, ) (Entered: 09/20/2016)	RECAP
4	Sept. 20, 2016	CORPORATE DISCLOSURE STATEMENT. (Tedesco, Jeremy) (Entered: 09/20/2016)	RECAP
5	Sept. 20, 2016	NOTICE OF CASE ASSOCIATION by Jeremy David Tedesco on behalf of 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 09/20/2016)	RECAP
6	Sept. 20, 2016	MOTION for Preliminary Injunction by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith in Support of Plaintiffs' Preliminary Injunctio, # 2 Appendix Part 1, # 3 Appendix Part 2, # 4 Appendix Part 3, # 5 Proposed Order (PDF Only))(Tedesco, Jeremy) (Entered: 09/20/2016) 1 View on PACER 2 View on PACER 3 View on PACER 4 View on PACER 5 View on PACER	RECAP
7	Sept. 20, 2016	BRIEF in Support of 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 09/20/2016)	RECAP
8	Sept. 21, 2016	NOTICE of Entry of Appearance by Jonathan Andrew Scruggs on behalf of All Plaintiffs Attorney Jonathan Andrew Scruggs added to party 303 Creative LLC(pty:pla), Attorney Jonathan Andrew Scruggs added to party Lorie Smith(pty:pla) (Scruggs, Jonathan) (Entered: 09/21/2016)	RECAP
9	Sept. 21, 2016	NOTICE of Entry of Appearance by Michael L. Francisco on behalf of All Plaintiffs Attorney Michael L. Francisco added to party 303 Creative LLC(pty:pla), Attorney Michael L. Francisco added to party Lorie Smith(pty:pla) (Francisco, Michael) (Entered: 09/21/2016)	RECAP
10	Sept. 21, 2016	NOTICE of Entry of Appearance by Katherine Leone Anderson on behalf of All Plaintiffs Attorney Katherine Leone Anderson added to party 303 Creative LLC(pty:pla), Attorney Katherine Leone Anderson added to party Lorie Smith(pty:pla) (Anderson, Katherine) (Entered: 09/21/2016)	RECAP
11	Sept. 22, 2016	NOTICE of Entry of Appearance by Rory Thomas Gray on behalf of All Plaintiffs Attorney Rory Thomas Gray added to party 303 Creative LLC(pty:pla), Attorney Rory Thomas Gray added to party Lorie Smith(pty:pla) (Gray, Rory) (Entered: 09/22/2016)	RECAP
12	Sept. 22, 2016	NOTICE of Entry of Appearance by David Andrew Cortman on behalf of All Plaintiffs Attorney David Andrew Cortman added to party 303 Creative LLC(pty:pla), Attorney David Andrew Cortman added to party Lorie Smith(pty:pla) (Cortman, David) (Entered: 09/22/2016)	RECAP
13	Sept. 26, 2016	NOTICE of Entry of Appearance by Samuel David Green on behalf of All Plaintiffs Attorney Samuel David Green added to party 303 Creative LLC(pty:pla), Attorney Samuel David Green added to party Lorie Smith(pty:pla) (Green, Samuel) (Entered: 09/26/2016)	RECAP
14	Sept. 26, 2016	NOTICE re 6 MOTION for Preliminary Injunction Notice of Updated Results of Conferral Per Local Rule 7.1(a) by Plaintiffs 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 09/26/2016)	RECAP
15	Sept. 29, 2016	NOTICE of Entry of Appearance by Jack Davy Patten, III on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Jack Davy Patten, III added to party Cynthia H. Coffman(pty:dft), Attorney Jack Davy Patten, III added to party Aubrey Elenis(pty:dft) (Patten, Jack) (Entered: 09/29/2016)	RECAP
16	Sept. 30, 2016	NOTICE of Entry of Appearance by Vincent Edward Morscher on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Vincent Edward Morscher added to party Cynthia H. Coffman(pty:dft), Attorney Vincent Edward Morscher added to party Aubrey Elenis(pty:dft) (Morscher, Vincent) (Entered: 09/30/2016)	RECAP
17	Oct. 4, 2016	CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs 303 Creative LLC, Lorie Smith All parties do not consent.. (Tedesco, Jeremy) (Entered: 10/04/2016)	RECAP
18	Oct. 5, 2016	CASE REASSIGNED pursuant to 17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 16-cv-02372-LTB. (Text Only Entry) (nmarb, ) (Entered: 10/05/2016)	RECAP
19	Oct. 5, 2016	MEMORANDUM RETURNING CASE. (dkals, ) (Entered: 10/05/2016)	RECAP
20	Oct. 5, 2016	CASE REASSIGNED pursuant to 19 Memorandum Returning Case: This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-02372-MSK. (Text Only Entry) (dkals, ) (Entered: 10/05/2016)	RECAP
21	Oct. 5, 2016	Unopposed MOTION for Hearing/Conference Regarding Case Status by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 10/05/2016)	RECAP
22	Oct. 6, 2016	NOTICE of Entry of Appearance by Eric Holden Maxfield on behalf of Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Eric Holden Maxfield added to party Anthony Aragon(pty:dft), Attorney Eric Holden Maxfield added to party Ulysses J. Chaney(pty:dft), Attorney Eric Holden Maxfield added to party Miguel Rene Elias(pty:dft), Attorney Eric Holden Maxfield added to party Carol Fabrizio(pty:dft), Attorney Eric Holden Maxfield added to party Heidi Hess(pty:dft), Attorney Eric Holden Maxfield added to party Rita Lewis(pty:dft), Attorney Eric Holden Maxfield added to party Jessica Pocock(pty:dft) (Maxfield, Eric) (Entered: 10/06/2016)	RECAP
23	Oct. 6, 2016	ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer: IT IS ORDERED that pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. ยง 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 10/6/16. Text Only Entry (msksec, ) (Entered: 10/06/2016)	RECAP
24	Oct. 6, 2016	MINUTE ORDER: A Scheduling Conference is set for 11/7/2016 at 11:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in Preparation for Rule 16(b) Scheduling Conference, located on the court's website under "Judicial Officers." By Magistrate Judge Craig B. Shaffer on 10/6/2016. Text Only Entry (cbslc2) (Entered: 10/06/2016)	RECAP
25	Oct. 6, 2016	ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 10/6/16. Text Only Entry (pglov) (Entered: 10/06/2016)	RECAP
26	Oct. 6, 2016	NOTICE re 21 Unopposed MOTION for Hearing/Conference Regarding Case Status by Plaintiffs 303 Creative LLC, Lorie Smith (Tedesco, Jeremy) (Entered: 10/06/2016)	RECAP
27	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Anthony Aragon served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
28	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Aubrey Elenis served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
29	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Carol Fabrizio served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
30	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Cynthia H. Coffman served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
31	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Heidi Hess served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
32	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Jessica Pocock served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
33	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Miguel Rene Elias served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
34	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Rita Lewis served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
35	Oct. 7, 2016	SUMMONS Returned Executed by All Plaintiffs. Ulysses J. Chaney served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	RECAP
36	Oct. 14, 2016	NOTICE of Entry of Appearance Entry of Appearance by Leanne B. De Vos on behalf of Anthony Aragon, Ulysses J. Chaney, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Leanne B. De Vos added to party Anthony Aragon(pty:dft), Attorney Leanne B. De Vos added to party Ulysses J. Chaney(pty:dft), Attorney Leanne B. De Vos added to party Aubrey Elenis(pty:dft), Attorney Leanne B. De Vos added to party Miguel Rene Elias(pty:dft), Attorney Leanne B. De Vos added to party Carol Fabrizio(pty:dft), Attorney Leanne B. De Vos added to party Heidi Hess(pty:dft), Attorney Leanne B. De Vos added to party Rita Lewis(pty:dft), Attorney Leanne B. De Vos added to party Jessica Pocock(pty:dft) (De Vos, Leanne) (Entered: 10/14/2016)	RECAP
37	Oct. 19, 2016	MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 10/19/2016)	RECAP
38	Oct. 19, 2016	RESPONSE to 6 MOTION for Preliminary Injunction filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 10/19/2016)	RECAP
39	Oct. 31, 2016	Proposed Scheduling Order by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 10/31/2016)	RECAP
40	Nov. 2, 2016	REPLY to Response to 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/02/2016)	RECAP
41	Nov. 7, 2016	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 11/7/2016. Pursuant to the request of counsel, discovery is STAYED pending a ruling on 6 Motion for Preliminary Injunction and 37 Motion to Dismiss. FTR: Courtroom A-402. (amont, ) (Entered: 11/07/2016)	RECAP
42	Nov. 8, 2016	MEMORANDUM regarding 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Heidi Hess, Ulysses J. Chaney, Jessica Pocock, Carol Fabrizio, Miguel Rene Elias, Cynthia H. Coffman, Rita Lewis, Aubrey Elenis, Anthony Aragon. Motions referred to Magistrate Judge Craig B. Shaffer by Chief Judge Marcia S. Krieger on 11/8/16. Text Only Entry (msksec, ) (Entered: 11/08/2016)	RECAP
43	Nov. 9, 2016	RESPONSE to 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/09/2016)	RECAP
44	Nov. 21, 2016	ORDER: The Court will conduct a non-evidentiary hearing on the Plaintiffs' Motion for Preliminary Injunction 6 on 1/11/2017 at 09:00 AM. The parties shall be prepared to address: (i) each Plaintiff's standing to request the various items of relief they seek; (ii) whether the facts pertinent to the Motion for Preliminary Injunction are disputed, such that an evidentiary hearing is necessary; (iii) if there are factual disputes, what facts are disputed; and (iv) how long of an evidentiary hearing is necessary and when that hearing should be scheduled. By Chief Judge Marcia S. Krieger on 11/21/16. Text Only Entry (msklc2, ) (Entered: 11/21/2016)	RECAP
45	Nov. 23, 2016	REPLY to Response to 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 11/23/2016)	RECAP
46	Jan. 11, 2017	MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 1/11/2017. Deadlines and other matters addressed are as set forth in the Minutes. Court Reporter: Mary George. (pglov) (Entered: 01/11/2017)	RECAP
47	Jan. 30, 2017	TRANSCRIPT of Law and Motion Hearing held on January 11, 2017 before Judge Krieger. Pages: 1-15. <br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 01/30/2017)	RECAP
48	Feb. 1, 2017	MOTION for Summary Judgment and Memorandum by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith, # 2 Affidavit of Jeremy Tedesco, # 3 Appendix in Support of Plaintiffs' Motion for Summary Judgment)(Tedesco, Jeremy) (Entered: 02/01/2017) 1 Affidavit of Lorie Smith View on PACER 2 Affidavit of Jeremy Tedesco View on PACER 3 Appendix in Support of Plaintiffs' Motion for Summary Judgment View on PACER	RECAP
49	Feb. 1, 2017	STIPULATION re 48 MOTION for Summary Judgment and Memorandum Joint Statement of Stipulated Facts by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Tedesco, Jeremy) (Entered: 02/01/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER	RECAP
50	Feb. 22, 2017	RESPONSE to 48 MOTION for Summary Judgment and Memorandum filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 02/22/2017)	RECAP
51	March 8, 2017	REPLY to Response to 48 MOTION for Summary Judgment and Memorandum filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 03/08/2017)	RECAP
52	Sept. 1, 2017	ORDER granting in part and denying in part 37 Motion to Dismiss, and denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment, by Chief Judge Marcia S. Krieger on 9/1/17. (dkals, ) (Entered: 09/01/2017)	Clearinghouse
53	Sept. 28, 2017	NOTICE OF APPEAL as to 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction by Plaintiffs 303 Creative LLC, Lorie Smith (Filing fee $ 505, Receipt Number 1082-5731693) (Anderson, Katherine) (Entered: 09/28/2017)	RECAP
54	Sept. 29, 2017	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record)(dkals, ) (Entered: 09/29/2017)	RECAP
55	Sept. 29, 2017	USCA Case Number 17-1344 for 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith. (dkals, ) (Entered: 09/29/2017)	RECAP
56	Oct. 12, 2017	TRANSCRIPT ORDER FORM re 53 Notice of Appeal, by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 10/12/2017)	RECAP
57	Oct. 12, 2017	LETTER TO USCA and all counsel certifying the record is complete as to 53 Notice of Appeal filed by 303 Creative LLC, Lorie Smith. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 17-1344) Text Only Entry (dkals, ) (Entered: 10/12/2017)	RECAP
58	Jan. 18, 2018	NOTICE of Entry of Appearance of Counsel by Billy Lee Seiber on behalf of Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica PocockAttorney Billy Lee Seiber added to party Anthony Aragon(pty:dft), Attorney Billy Lee Seiber added to party Ulysses J. Chaney(pty:dft), Attorney Billy Lee Seiber added to party Miguel Rene Elias(pty:dft), Attorney Billy Lee Seiber added to party Carol Fabrizio(pty:dft), Attorney Billy Lee Seiber added to party Heidi Hess(pty:dft), Attorney Billy Lee Seiber added to party Rita Lewis(pty:dft), Attorney Billy Lee Seiber added to party Jessica Pocock(pty:dft) (Seiber, Billy) (Entered: 01/18/2018)	RECAP
59	Jan. 19, 2018	MOTION to Withdraw as Counsel by Defendants Anthony Aragon, Ulysses J. Chaney, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (De Vos, Leanne) (Entered: 01/19/2018)	RECAP
60	Jan. 19, 2018	ORDER granting 59 Motion to Withdraw: The Clerk of the Court shall terminate Mr. Maxfield and Ms. De Vos as counsel for the Defendants. By Chief Judge Marcia S. Krieger on 1/19/18. Text Only Entry (msklc2, ) (Entered: 01/19/2018)	RECAP
61	June 15, 2018	NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice After U.S. Supreme Court Ruling on Masterpiece) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 06/15/2018)	RECAP
62	July 3, 2018	NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice to the Court Regarding Plaintiffs' Desire to Proceed) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 07/03/2018)	RECAP
63	July 12, 2018	ORDER SETTING SUPPLEMENTAL BRIEFING DEADLINE: The Court notes the request made by the Plaintiffs in their 62 Notice and HEREBY ORDERS that all parties shall submit supplemental briefing regarding Masterpiece, NIFLA, and Janus, and their impact on Plaintiffs' case within 21 days from the date of this Order. by Chief Judge Marcia S. Krieger on 7/12/18. Text Only Entry (msksec, ) (Entered: 07/12/2018)	RECAP
64	July 30, 2018	Unopposed MOTION for Extension of Time to Submit Supplemental Briefing by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 07/30/2018)	RECAP
65	July 31, 2018	ORDER granting 64 Unopposed Motion for Extension of Time to Submit Supplemental Briefing. Extension granted as to all parties up to and including August 6, 2018. by Chief Judge Marcia S. Krieger on 7/31/18. Text Only Entry (msksec, ) (Entered: 07/31/2018)	RECAP
66	Aug. 6, 2018	NOTICE of Entry of Appearance by Skippere Stewart Spear on behalf of Cynthia H. Coffman, Aubrey ElenisAttorney Skippere Stewart Spear added to party Cynthia H. Coffman(pty:dft), Attorney Skippere Stewart Spear added to party Aubrey Elenis(pty:dft) (Spear, Skippere) (Entered: 08/06/2018)	RECAP
67	Aug. 6, 2018	SUPPLEMENT/AMENDMENT Defendants' Supplemental Brief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Spear, Skippere) (Entered: 08/06/2018)	RECAP
68	Aug. 6, 2018	SUPPLEMENT/AMENDMENT Plaintiffs' Supplemental Brief on Masterpiece, NIFLA, and Janus by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit 1)(Scruggs, Jonathan) (Entered: 08/06/2018) 1 Exhibit 1 View on PACER	RECAP
69	Aug. 14, 2018	USCA Order and Judgment as to 53 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith: this appeal is dismissed. (USCA Case No. 17-1344) (This document is not the Mandate) (dkals, ) (Entered: 08/14/2018)	RECAP
70	Sept. 5, 2018	MANDATE of USCA as to 53 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith (USCA Case No. 17-1344) (dkals, ) (Entered: 09/05/2018)	RECAP
71	May 6, 2019	MOTION to Withdraw as Attorney Michael Francisco by Plaintiffs 303 Creative LLC, Lorie Smith. (Francisco, Michael) (Entered: 05/06/2019)	RECAP
72	May 17, 2019	OPINION AND ORDER denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment by Judge Marcia S. Krieger on 5/17/19. (dkals, ) (Entered: 05/17/2019)	Clearinghouse
73	May 17, 2019	ORDER granting 71 Motion to Withdraw as Attorney. Attorney Michael L. Francisco terminated. By Judge Marcia S. Krieger on 5/17/19. Text Only Entry(msklc2, ) (Entered: 05/17/2019)	RECAP
	May 17, 2019	Order on Motion to Withdraw as Attorney
74	June 7, 2019	RESPONSE to 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Jacob P. Warner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Anderson, Katherine) (Entered: 06/07/2019) 1 Affidavit of Jacob P. Warner View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	RECAP
75	June 10, 2019	Conventionally Submitted Material: Exhibit to 74 Response on 1 CD by Plaintiffs 303 Creative LLC, Lorie Smith. Text Only Entry (dkals, ) Returned to the Clerk's Office. Location of stored items: A-2-4. Modified on 11/5/2020 (jtorr, ). (Entered: 06/10/2019)	RECAP
76	Aug. 30, 2019	NOTICE of Supplemental Authorities re: 74 Response by Plaintiffs 303 Creative LLC, Lorie Smith (Attachments: # 1 Exhibit A)(Anderson, Katherine) (Entered: 08/30/2019)	RECAP
77	Sept. 23, 2019	NOTICE of Supplemental Authorities (Second) re: 74 Response by Plaintiffs 303 Creative LLC, Lorie Smith (Attachments: # 1 Exhibit A)(Anderson, Katherine) (Entered: 09/23/2019)	RECAP
78	Sept. 26, 2019	NOTICE of Substitution of Parties by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock (Morscher, Vincent) (Entered: 09/26/2019)	RECAP
79	Sept. 26, 2019	OPINION AND ORDER GRANTING SUMMARY JUDGMENT entered by Judge Marcia S. Krieger on 9/26/19. The Court finds that the Defendants are entitled to summary judgment on all of Ms. Smiths claims in this action. The Clerk of the Court shall enter judgment in favor of the Defendants on all claims and close this case. (rkeec) (Entered: 09/26/2019)	RECAP
80	Sept. 26, 2019	FINAL JUDGMENT by Clerk in favor of Aubrey Elenis, Charles Garcia, Ajay Menon, Miguel Rene Elias, Richard Lewis, Kendra Anderson, Sergio Cordova, Jessica Pocock, and Phil Weiser and against 303 Creative LLC and Lorie Smith re: 79 Opinion and Order Granting Summary Judgment entered by Judge Marcia S. Krieger on 9/26/19. (rkeec) (Entered: 09/26/2019)	RECAP
81	Oct. 25, 2019	NOTICE OF APPEAL as to 79 Order, 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction, 80 Clerk's Judgment, 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith (Filing fee $ 505, Receipt Number 1082-6964947) (Anderson, Katherine) (Entered: 10/25/2019)	RECAP
82	Oct. 28, 2019	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(sphil, ) (Entered: 10/28/2019)	RECAP
83	Oct. 28, 2019	USCA Case Number 19-1413 for 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith. (sphil, ) (Entered: 10/28/2019)	RECAP
84	Nov. 8, 2019	TRANSCRIPT ORDER FORM re 81 Notice of Appeal, by Plaintiffs 303 Creative LLC, Lorie Smith (Anderson, Katherine) (Entered: 11/08/2019)	RECAP
85	Nov. 12, 2019	LETTER TO USCA and all counsel certifying the record is complete as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 19-1413) Text Only Entry. (sphil, ) (Entered: 11/12/2019)	RECAP
86	July 26, 2021	VACATED USCA Judgment as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith : (USCA Case No. 19-1413) (This document is not the Mandate). The judgment of that court is AFFIRMED. (Attachments: # 1 U.S. Court of Appeals Opinion)(sphil, ) Modified on 8/10/2023 to vacate and restrict pursuant to the 95 Order Recalling Mandate (schap, ). (Entered: 07/27/2021) 1 U.S. Court of Appeals Opinion View on RECAP	RECAP
87	Aug. 17, 2021	MANDATE of USCA as to 86 USCA Order/Opinion/Judgment, 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith : (USCA Case No. 19-1413) (sphil, ) (Entered: 08/17/2021)	RECAP
88	Sept. 28, 2021	Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sphil, ) (Entered: 10/01/2021)	RECAP
89	Feb. 22, 2022	Letter from U.S. Supreme Court regarding Order Granting Certiorari Filed 02/22/2022 re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 02/22/2022)	RECAP
90	May 17, 2022	MOTION to Withdraw Appearance of Counsel by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 05/17/2022)	RECAP
91	May 17, 2022	ORDER granting 90 Motion to Withdraw: The Clerk of the Court shall terminate Rory Gray and Samuel Green as counsel for the Plaintiff in this case. By Judge Marcia S. Krieger on 5/17/22. Text Only Entry(msklc2, ) (Entered: 05/17/2022)	RECAP
	May 17, 2022	Order on Motion to Withdraw
92	Oct. 28, 2022	USCA Letter advising Certiorari record transmitted to the Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 10/31/2022)	RECAP
93	Oct. 28, 2022	Letter from The United States District Court of Colorado to the U.S. Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-00476 ( Appeal No. 19-01413) (Attachments: # 1 Docket Sheet)(sdunb, ) (Entered: 12/07/2022)	RECAP
94	June 30, 2023	Opinion Announcement from U.S. Supreme Court regarding 81 Notice of Appeal ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 07/03/2023)	RECAP
95	Aug. 9, 2023	ORDER OF USCA ENTERED: recalling the mandate as to Notice of Appeal, 81 filed by Plaintiff 303 Creative LLC, Plaintiff Lorie Smith ( Appeal No. 19-1413) ( The document attached to the docket entry of the Judgment and Opinion has been blocked from access in CM pursuant to this recall of mandate) (schap, ) (Entered: 08/10/2023)	RECAP
96	Aug. 14, 2023	MOTION for Attorney Fees and Costs and for an Extension of Filing Deadline by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 08/14/2023)	RECAP
97	Aug. 18, 2023	Due to Senior Judge Krieger's unavailability and with the prior permission of the Chief Judge under D.C.COLO.LCivR 40.1(d)(4)(B), this case is randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 16-cv-02372-CNS. (Text Only Entry) (agarc, ) (Entered: 08/18/2023)	RECAP
98	Aug. 25, 2023	NOTICE of Entry of Appearance of Counsel by Alison Faryl Kyles on behalf of Aubrey Elenis, Miguel Rene Elias, Jessica Pocock, Charles Garcia, Ajay Menon, Richard Lewis, Kendra Anderson, Sergio Cordova, Phil WeiserAttorney Alison Faryl Kyles added to party Aubrey Elenis(pty:dft), Attorney Alison Faryl Kyles added to party Miguel Rene Elias(pty:dft), Attorney Alison Faryl Kyles added to party Jessica Pocock(pty:dft), Attorney Alison Faryl Kyles added to party Charles Garcia(pty:dft), Attorney Alison Faryl Kyles added to party Ajay Menon(pty:dft), Attorney Alison Faryl Kyles added to party Richard Lewis(pty:dft), Attorney Alison Faryl Kyles added to party Kendra Anderson(pty:dft), Attorney Alison Faryl Kyles added to party Sergio Cordova(pty:dft), Attorney Alison Faryl Kyles added to party Phil Weiser(pty:dft) (Kyles, Alison) (Entered: 08/25/2023)	RECAP

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Case Details

State / Territory:

Colorado

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Sept. 20, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A website designer who challenged the Colorado Anti-Discrimination Act for prohibiting her from designing wedding websites for heterosexual couples only.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Colorado

Colorado Civil Rights Division

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Free Exercise Clause

Other Dockets:

District of Colorado 1:16-cv-02372

U.S. Court of Appeals for the Tenth Circuit 19-01413

Supreme Court of the United States 22-476

U.S. Court of Appeals for the Tenth Circuit 17-01344

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Access to public accommodations - privately owned

Website

Discrimination Basis:

Religion discrimination

LGBTQ+:

LGBTQ+

Recommended Citation

Case Summary of 303 Creative LLC v. Elenis, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43855/ (last updated 10/31/2023).